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Topic: United States tort law


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  governpub.com: Law
State law, in the United States, is the law of each separate U.S. state, as passed by the state legislature and signed into law by the state governor.
State legislatures are the lawmaking bodies of the 50 states in the United States of America.
In some states, codification is often treated as a mere restatement of the common law, so that judges are free to liberally interpret the codes unless and until their interpretations are specifically overridden by the legislature.
www.governpub.com /law.html   (1511 words)

  
 United States tort law - Wikipedia, the free encyclopedia
Most tort claims or causes of action arise under state law and are heard in state courts.
Some state tort claims are heard in federal courts under doctrines like diversity of citizenship of the parties or supplemental jurisdiction; such topics are the core of the standard American civil procedure course and are too complex to summarize here.
The most common federal tort claim is the 42 U.S.C. remedy for violation of one's civil rights under color of federal or state law, which can be used to sue for anything from a free speech claim to use of excessive force by the police.
en.wikipedia.org /wiki/United_States_tort_law   (384 words)

  
 Negligence - NEGLIGENCE DISTINGUISHED FROM OTHER TYPES OF TORT
Moreover, the state law of negligence is usually common law rather than statutory law, with the effect that what is determined to be a lack of due care will differ from state to state.
The law establishes the defendant's duty, and the failure to comply with some specific law is the breach of that duty.
Rather, the law has set standards of conduct and care (reasonable or not) that people are expected to meet, and failing to do so may not only result in sanctions for noncompliance, but may separately be actionable as a tort by those who are harmed by the noncompliance.
www.referenceforbusiness.com /encyclopedia/Mor-Off/Negligence.html   (3508 words)

  
 As the law and technology constantly evolve, tort and product liability defense remains one of the most complex and ...
The number of districts in a state is determined primarily by population and the geographic size of the state.
The law of negligence is based on the premise that persons and entities should be held to a standard of "reasonable care" as to their actions.
United States law provides that if the foreign defendant has a U.S. subsidiary, and there is a judgment against the foreign parent corporation, a court may seize the assets of the subsidiary in order to satisfy the judgment against the foreign defendant.
www.gordonrees.com /pubs/pllaw.cfm   (3193 words)

  
 Tort Reform
Until "tort reform" became a policy issue, the word "tort" was primarily the part of the vernacular of first year law students.
In its political context, "tort reform" generally refers to proposals to limit the prevalence of legal claims prosecuted with the assistance of personal injury lawyers which are perceived to unfairly burden insurance policy holders with exorbitant premiums.
Tort costs, as a percentage of the GDP, exploded in the decades of the '70's and '80's.
www.newsbatch.com /tort.htm   (3573 words)

  
 Tort Law
Unintentional torts are caused by the negligence of a defendant.
It is a well-established rule of law that an employer is vicariously liable for any tortious acts committed by his employees while they act in the scope of their employment.
Even if the tort that the employee committed was not done in the course of his employment, an employer may still be liable if the tort was a result of negligent hiring or training.
www.ira-wg.com /library/tortlaw.html   (4538 words)

  
 Policy Forum No. 7: Disciples on the Docket: A Christian Response to Tort Reform   (Site not responding. Last check: 2007-10-09)
Tort law also traditionally required the plaintiff to establish that the defendant was responsible for the harm before the court would order the defendant to pay damages.
Stated differently, the plaintiff’s action (or failure to act when there was a duty to do so) had to have been the foreseeable cause of the plaintiff’s injury or the defendant would not be held liable.
Tort reform is in dire need of a moral conversation to be included alongside the technical and economic aspects of implementing necessary changes to tort law.
www.acton.org /ppolicy/forum/no7_full.html   (9533 words)

  
 Torts
A tort is a wrongful act committed by a person or an entity known as the “tortfeasor” resulting in injury or loss to the victim.
In some states the personal representative of the decedent’s estate is the plaintiff; in other states members of the decedent’s family who were dependent on the decedent can bring the action.
The doctrine holds that the United States as a sovereign nation and the states as sovereign states cannot be sued without their consent.
web.utk.edu /~scheb/torts-notes.html   (1744 words)

  
 Tort Law in Canada - An Introduction
Tort also serves as a deterrent by holding persons responsible for their actions and to educate the community as to what is unacceptable conduct.
Another moral lesson of tort law - that wrongdoers pay for their actions - is a pinnacle of modern society and, indeed, of many religious beliefs.
Tort law is the wrong place to turn for compensation for an ill-performed duty owed to you as a result of a private agreement between you and another.
www.duhaime.org /Tort/tort1.aspx   (876 words)

  
 ENGINEERING LAW
In law, this question is solved by the theory of proximate cause, where the injury must be the proximate cause of the negligent act complained of.
In an early case, in 1953, the modern law was established in a case in which an opera singer was induced to breach her contract and work for another.
Most states have statutes of limitations for tort actions, which provide that the legal action must be instituted within a certain time period, usually two years, after the tortious act has occurred, or after the person injured has become aware of the tortious act.
www.uic.edu /classes/eecs/eecs491el/LectureText/Lect09Text.htm   (4053 words)

  
 Tort Law
A tort is a wrongful injury to a person or his or her property.
Tort law enables private citizens to use the legal system to resolve disputes in which one party claims that the other has acted improperly, resulting in harm.
Tort law has evolved the legal theory of products liability to determine who is in the best position to bear the costs of defective products - the innocent user or the sellers and manufacturers.
www.otto-graph.com /samples/3/tortlaw.html   (1045 words)

  
 IQLogo - United States trademark law
Trademarks were traditionally protected in the United States only under State common law, growing out of the tort of unfair competition.
State law continues to add its own protection, complementing the federal system.
Unlike copyright law which provides for criminal penalties as well as civil damages, trademark law in the United States is entirely enforced through private lawsuits.
www.iqlogo.com /library/united-states-trademark-law.htm   (833 words)

  
 [No title]
Statutory law, or law found in legislation other than civil codes, is basic to both the civil and common law.
In common law jurisdictions, most rules are found in the jurisprudence and statutes complete them.
In civil law jurisdictions, the important principles are stated in the code, while the statutes complete them.
www.lycos.com /info/common-law--united-states.html?page=3   (484 words)

  
 Tort and Personal Injury Law - MegaLaw.com
Francovich Follow-Up - Case law by the ECJ and a number of national courts of Member States on State liability for breach of European Community law.
Tort and Insurance Resource Center - From Standard Weisberg, P.C. Tort Law - From Gleim Publications.
Tort Law - An Introduction - A very brief introduction to the area of torts, from the World Wide Legal Information Association, for the general public.
www.megalaw.com /top/tort.php   (848 words)

  
 The Economics of Tort Law   (Site not responding. Last check: 2007-10-09)
The economic analysis of tort liability is one of the jewels of law and economics.
One of the important background assumptions of tort law is that the parties may be unable to bargain so that their precautionary actions must be taken independently and without knowledge of what the other party may be doing.
As evidence they cite a California state court jury's assessing the General Motors Corporation $4.9 billion in punitive damages on behalf of six people burned when the gas tank on their Chevrolet exploded in a collision and the trial court judge's later reducing that amount to $1.2 billion.
www.cooter-ulen.com /tort_liability.htm   (5291 words)

  
 Senator Feinstein Seeks to Clarify Adjudication of Foreign Lawsuits in U.S. Federal Court   (Site not responding. Last check: 2007-10-09)
The Alien Tort Statute, a 200-year-old law, has spawned dozens of legal cases involving U.S. multinational companies, human rights groups, foreign plaintiffs, the State Department, and millions of dollars in litigation costs.
I hope this legislation will settle the questions that surround this 200-year-old law by providing a reasonable legal means that both plaintiffs and defendants can rely on to litigate their differences.
State that federal courts shouldn’t proceed with tort claims when the President adequately certifies that such exercise of jurisdiction will have a negative impact on the foreign policy interests of the U.S.;
feinstein.senate.gov /05releases/r-alientort.htm   (395 words)

  
 Tort Reform Press Page   (Site not responding. Last check: 2007-10-09)
During the past several decades in the United States, tort law has undergone significant changes that, in practice, seriously diminish the opportunity to find resolution and justice.
The issue of tort reform has been a hot button issue in recent months and likely will be for the foreseeable future.
While much of the discussion focuses on the economic and legal matters surrounding tort reform, the Acton Institute is adding a perspective on the debate which is too often overlooked: the moral and civil society implications of litigiousness.
www.acton.org /press/special/tortreform.html   (563 words)

  
 NOW with David Brancaccio. Politics & Economy. The Alien Tort Claims Act . Overview | PBS
The Alien Tort Claims Act (ATCA) was adopted in 1789 as part of the Judiciary Act which set up the U.S. federal court system.
(Tort refers to that body of the law which will allow an injured person to obtain compensation from the person who caused the injury.) The words that are now subject to such debate are simple:
Ruling by the United States Court of Appeals for the Ninth Circuit in the case of Doe v.
www.pbs.org /now/politics/alientort.html   (717 words)

  
 Law of the United States - Wikipedia, the free encyclopedia
The most important source of law is the United States Constitution.
Therefore, when attempting to trace the development of traditional judge-made common law principles, that is, the few that have not already been overridden by newer laws, American courts often will look at British cases only up to the early 19th century.
Although both these originally British Statutes have modern American common law and statutory equivilents, they are regularly cited in their original form.
en.wikipedia.org /wiki/Law_of_the_United_States   (1921 words)

  
 US Federal Tort Claims Act   (Site not responding. Last check: 2007-10-09)
Here are some regulations, desk books and other materials particularly useful to the lawyer dealing with a Federal Tort Claims Act case.
Be sure to contact the appropriate federal agency where the claim is filed for local regulations and guidelines.
We are not attempting to practice law, give advice or represent ourselves as anything more than a resource portal with many unique features.
www.louisvillelaw.com /federal/federal_tort_claims_act.htm   (453 words)

  
 Mass Tort - attorney, lawsuit, law suit, case, claim, settlement, lawyer, litigation
Mass tort cases are brought by a large number of claimants against a single defendant for injury related to a single product, practice or service.
The goal of plaintiff mass tort litigators is to secure compensation for all of the individual claimants for injuries which resulted from the negligent, fraudulent or otherwise illegal actions of a manufacturer, distributor or employer.
To access important information concerning the sponsors and their commitment to the ethical practice of law, click here.
mass-tort.legalview.com   (652 words)

  
 Canyon College: Health Care Law Course Online
This is desgined as an intermediate level health care law course that focuses on the many principles and theories of the law as it relates to health care delivery, especially aspects affecting health care management and administration.
This course examines applications in law, both generally and in relation to health care liability and risks facing health care managers and practitioners today.
Learning and understanding Health Care Law is one of the hallmarks of graduate education in health care delivery; whether clinical or administrative.
www.canyoncollege.edu /cc/hadmin2/syllabus/HS550.htm   (2987 words)

  
 FindLaw: Legal Subjects: Tort Law: Web Sites
National Lemon Law Center Lemon law statutes for all 50 states.
State Tobacco Information Center The ongoing efforts of state attorneys general in their litigation against tobacco companies.
Tort Law Sources From the 'Lectric Law Library.
www.findlaw.com /01topics/22tort/sites.html   (770 words)

  
 RAND | Reprints | The effect of allowing motorists to opt out of tort law in the United States
As applied to U.S. traffic accidents, both tort law and no-fault law are often attacked.
A proposed solution would allow motorists to choose an option bypassing the inadequacies of both tort law and current U.S. no-fault laws.
But as time goes on, the savings are diminished as low required limits of coverage in the U.S. meet inflation, leading not only to admittedly lessened savings but also to the anomaly of more and more motorists in non no-fault states pursuing tort rights for only economic losses.
www.rand.org /pubs/reprints/RP745   (343 words)

  
 California Toxic Tort Injury Law Firm with Benzene Exposure Lawyers & Environmental Litigation Attorneys :.: ...   (Site not responding. Last check: 2007-10-09)
The Alien Tort Claims Act Frye is Alive and Well in California Trade Secrets in Toxic Torts Third Party Toxic Tort Cases Message in Lockheed: Expert Opinions Battery Claims in Toxic Tort Cases Dealing with Daubert in California The Furor over Junk Science More Legal Articles...
The Metzger Law Group is a compassionate, honest and experienced team of lawyers representing individuals who have been seriously harmed by toxic chemicals in California.
While many law firms advertise for benzene leukemia cases, they often refer benzene lawsuits to the Metzger Law Group because we actually try benzene exposure cases and know how to litigate them.
www.toxictorts.com   (561 words)

  
 Current Toxic Tort Lawsuits & Environmental Litigation Cases :.: Metzger Law Group   (Site not responding. Last check: 2007-10-09)
Stephenson, Metzger Law Group has filed a brief in the U.S. Supreme Court on behalf of the Lymphoma Foundation of America and renowned scientists in support of veterans suffering from lymphoma and multiple myeloma from Agent Orange.
On September 3, 2002, Metzger Law Group filed suit on behalf of the Council for Education and Research on Toxics ("CERT") against McDonald's and Burger King, to enjoin McDonald's and Burger King from selling French fries without first providing a warning that the French fries contain acrylamide, a substance known to cause cancer in humans.
Toxic tort and injury laws are complex and confusing.
www.toxictorts.com /caselist.shtml   (687 words)

  
 NEA Nuclear Law Bulletin 49, June 1992
24 Some reflections about law and ethics, by L. Westerh ll.....................................................
62 - UNITED STATES Nuclear power plant licence renewal (1991).............................
63 NRC policy on co-operation with States (1992)..........................
www.nea.fr /html/law/nlb/nlb-49.html   (477 words)

  
 Lawyer, Lawyers, Attorney, Attorneys, Law, Legal Information - FindLaw
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www.findlaw.com /?DCMP=KWC-G-HOME   (243 words)

  
 Legal Directories Worldwide   (Site not responding. Last check: 2007-10-09)
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